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Can a person with FIR leave country ?


14-Jun-2024 (In Criminal Law)
FIR registered against the family but name of 1 family member not mentioned in FIR.. only relation is mentioned...can that member leave the country? how can a person go abroad if he has a police case?
Answers (6)

Answer #1
139 votes

Yes, a person with an FIR (First Information Report) filed against them can generally travel abroad, as the mere existence of an FIR does not automatically restrict international movement. However, there are exceptions. If a court has imposed specific travel restrictions such as conditions attached to bail or if a Look Out Circular (LOC) has been issued by authorities, the person may be stopped at immigration. Additionally, under Section 6(2) of the Passports Act, 1967, the passport authority has the power to refuse or impound a passport if there are pending criminal proceedings, warrants, or past convictions involving moral turpitude. Therefore, while travel is usually allowed with just an FIR, it is important to verify whether any legal restrictions have been imposed before attempting to leave the country.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
774 votes
Everyone can leave the country unless restrained by Court of law. Where restraint is imposed, permission can be taken from Higher Court for reasons, If you want to stop someone from leaving the country, file application in appropriate court of law with aforesaid prayer and in other case, take visa and just leave. However, on arrival you shall be required to take anticipatory bail before entering the airport. Your property shall be crying for you if complainant is aware of that. Consult your lawyer personally.
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Advocate Rajiv Sharma

Adv. Rajiv Sharma

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Answer #3
813 votes
Only registration of FIR does not bar you to leave country until unless further action has been taken I.e. arrest or challan presentation. It also depends on the nature of allegation means under which section FIR has been registered and the role attributed to the accused.
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Advocate Sanjeev Singh Thakur

Adv. Sanjeev Singh Thakur

LawRatoChandigarh | 25+ Answers
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Answer #4
996 votes
Any one can leave country, if he/she has valid visa until he/ she is arrested or look out notice is issued to all the airports by the Police . It should be taken into consideration that once any accused leave country without permission from court , he/she will be declared as P.O and his/ her property may be attached and in case he/ she comes back in the country, he/she will be arrested. Rest discuss in detail with your counsel. regards Adv malhotra
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Advocate Deepak Malhotra

Adv. Deepak Malhotra

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Answer #5
811 votes
what is the stage of F.I.R,is it at investigation stage or challan has been submitted before the trial court ? if investigation is not complete then convince the investigating agency about innocence, but it is advisiable that you settle the things before leaving the country.
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Advocate Lalit Mohan Gulati

Adv. Lalit Mohan Gulati

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Answer #6
686 votes
Yes, if your name is not mentioned in FIR then you go out of India. even if FIR has been registered against you but you have not been declared PO in said criminal case, you may go to other country. But if police ask to surrender your passport then please don't do it. leave leave India prior to this. for more clarification you may fix appointment.
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Advocate Jagan Nath Bhandari

Adv. Jagan Nath Bhandari

LawRatoChandigarh | 100+ Answers
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